2011 No. 1738

Food, England

The Extraction Solvents in Food (Amendment) (England) Regulations 2011

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (c), 17(1) and 48(1) of the Food Safety Act 19901 and now vested in him2.

In accordance with section 48(4A) of that Act, he has had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement1

These Regulations may be cited as the Extraction Solvents in Food (Amendment) (England) Regulations 2011, apply in relation to England only and come into force on 15th August 2011.

Amendment of the Extraction Solvents in Food Regulations 19932

1

The Extraction Solvents in Food Regulations 19934 are amended in accordance with paragraphs (2) and (3).

2

At the end of the table in Schedule 2 (foods in which certain permitted extraction solvents may be used only for certain purposes), insert the following entries —

Column 1

Column 2

Column 3

Column 4

10 Defatted protein products

Dimethyl ether

Preparation of defatted animal protein products

0.009 mg/kg in the defatted protein products

3

At the end of the table in Schedule 3 (maximum residues of extraction solvent permitted in foods due to the use in those foods of food consisting of flavourings prepared from natural flavouring materials by using those extraction solvents), insert the following entries —

Column 1

Column 2

Methanol

1.5 mg/kg

Propan-2-ol

1 mg/kg

Signed by authority of the Secretary of State for Health.

Anne MiltonParliamentary Under-Secretary of State,Department of Health
EXPLANATORY NOTE

(This note is not part of the Regulations)

1

These Regulations amend the Extraction Solvents in Food Regulations 1993 (S.I. 1993/1658) in order to implement in England Commission Directive 2010/59/EU amending Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ No. L225, 27.8.2010, p.10).

2

The amendments to the 1993 Regulations consist of —

a

the listing in Schedule 2 of dimethyl ether as an extraction solvent that may be used in the preparation of defatted animal protein products (regulation 2(2)); and

b

the inclusion in Schedule 3 (which concerns the use of extraction solvents in the preparation of natural flavourings) of methanol and propanol-2-ol, with associated prescribed residue limits (regulation 2(3)).

3

An impact assessment has not been prepared for this instrument as it has no impact on business or the public or third sectors.